1963, and remained there until April 15, 1965, at which time, he moved to Waldoboro, Maine, where currently he is a general medical practitioner and a member of the staff of the Knox County General Hospital in Rockland, Maine.

The applicant's United States born wife and three United States citizen children reside with him on Pleasant Street, Waldoboro, Maine. The applicant will be unable to contribute to their support, if he is forced to leave the United States and return to the Republic of Korea, for the following reasons: Dr. Kim was born and resided in North Korea until four years of age, then was taken by his parents to Manchuria where he resided until 1945. He left Manchuria upon the coming of the Russians to that Country and fled to North Korea where he remained for about six months and then went to South Korea in 1946. In 1947, he went to Japan where he remained until 1959, at which time, he came to the United States as a national of the Republic of Korea, in possession of a passport issued to him by the government of the Republic of Korea. He cannot return to Japan as his permanent resident status there terminated after one year of his departure from Japan. He can only return to South Korea, where he has no family or friends, having resided there for only about five months. As a Republic of Korea national who has not as yet served his military commitment, he would be immediately subject to service in the armed forces there. A sworn affidavit was submitted by the applicant's attorney certifying as to the fact that confirmation has been received from the Consul for the Korean Republic at the Korean Consul General's office in New York, N.Y., as to the following statement. The law of the Republic of Korea requires that all doctors, upon completion of medical training must serve in the Army of the Republic of Korea for a period of three years; that they are inducted with the rank of captain; that their salary is approximately $50.00 in United States equivalents and that the Army may in its discretion extend the service for an additional two years. His father was killed in the Korean War and his mother has disappeared. His wife is unable to accept remunerative employment since she has no one to care for the children, two of whom were born on March 8, 1964, and the other born on March 30, 1965. The youngest child is suffering from a skin ailment and requires a great amount of extra care and close attention. The subject's wife has been undergoing treatment including psychiatric for a depressed and nervous condition which also precludes employment. She is estranged from her parents because of her marriage to Dr. Kim and they will render no assistance, financial or other.

Satisfactory evidence of Dr. Kim's marriage on September 6, 1963, to a United States citizen, and the birth of his three United States citizen children, has been submitted. There are no adverse factors in this case.

In view of the foregoing, it has been determined that compliance with the foreign residence requirement of section 212(e) of the Immigration and Nationality Act, as amended, would impose exceptional hardship upon Dr. Kim's United States citizen spouse and children. The case has been presented to the Secretary of State for review and recommendation, and he has recommended that the waiver should be granted.

ORDER: It is ordered that this application for a waiver of the foreign residence requirement of section 212(e) of the Immigration and Nationality Act, as amended, be granted.

MATTER OF BASS

In Section 212(e) Proceedings

A-14107492

Decided by District Director January 25, 1966

An exchange visitor attorney from Brazil is granted a waiver of the foreign residence requirement of section 212(e), Immigration and Nationality Act, as amended, since compliance therewith would result in exceptional hardship to her U.S. citizen spouse, also an attorney, who would be unable to earn a livelihood in his profession if he accompanied her abroad and who, bearing the responsibility of repaying educational loans and discharging accumulated doctor bills resulting from his wife's illness, is not financially capable of maintaining two households if she is required to depart without him; in addition, even if applicant, who suffered an attack of cerebral meningitis in 1964, were physically able to engage in her profession, it would be unreasonable to presume she could acquire sufficient clientele to maintain herself in Brazil for a two-year period, as she has never practiced law there.

Discussion: The applicant, Mrs. Vilma Bass, a 26-year-old attorney, is a native and citizen of Brazil. She was admitted to the United States as an exchange visitor on August 12, 1963, to complete studies toward a master of comparative law degree sponsored by Southern Methodist University, Dallas, Texas, under Exchange Visitor Program No. P-I-2970. After participating in the program for a period of twelve months, she suffered an attack of cerebral meningitis and could not continue her studies. She married a United States citizen on January 16, 1965, and presently resides with him in Dallas. She filed an application for waiver of the foreign residence requirement of section 212(e) of the Immigration and Nationality Act on April 21, 1965.

Mrs. Bass not only alleges that compliance with the foreign residence requirement would result in exceptional hardship to her husband should he accompany her abroad, but also were he to remain in the United States while she fulfills her commitment as a former exchange visitor. The husband, a recent law school graduate, is employed as an attorney in a local bank and earns approximately $5,800

a year after taxes. If he went to Brazil, he would have to abandon his law practice as he does not speak Portuguese and is not familiar with Brazilian law. He would, therefore, be unable to earn a livelihood in his profession in Brazil. He is not financially capable of maintaining two households if his wife is required to depart without him. The applicant has been unable to contribute financially to their household since her illness. Thus her husband is burdened with the added responsibility of paying her accumulated doctor bills caused by the attack of cerebral meningitis. Additionally, he is repaying a bank loan and a National Defense Student loan which he obtained to finance his education. Because she has never practiced law in Brazil, it would be unreasonable to presume the applicant could acquire sufficient clientele in her profession to maintain herself there for a two-year period, even if she were physically able to engage in her profession. The debts incurred because of her illness and money borrowed to finance her husband's law education have resulted in the couple not being able to accumulate any financial

reserve.

In view of the foregoing, it has been determined that the applicant's compliance with the foreign residence requirement would impose exceptional hardship upon her United States citizen spouse. The Department of State has reviewed this matter and recommends the waiver be granted.

ORDER: It is ordered that the application of Mrs. Vilma Alves Bass for a waiver of the two-year foreign residence requirement under section 212(e) of the Immigration and Nationality Act be and the same is hereby granted.

MATTER OF ROSSI

In Deportation Proceedings

A-3459526

Decided by Board March 10, 1966

Since respondent is an alien, having been denaturalized in 1962, he is deportable under section 241(a)(11), Immigration and Nationality Act, as amended, on the basis of his narcotics conviction in 1954, notwithstanding the conviction occurred at a time when he was a naturalized U. S. citizen. CHARGES:

Order: Act of 1952-Section 241 (a) (11) [8 U.S.C. 1251(a)(11)]—Convicted of unlawful sale of narcotics.

Act of 1952-Section 241(a)(11) [8 U.S.C. 1251(a)(11) ]—Convicted of conspiracy to sell narcotics.

Lodged: Act of 1952-Section 241(a)(1) [8 U.S.C. 1251(a)(1)]—Excludable at entry under section 3, Immigration Act of 1917 [8 U.S.C. 136, 1946 Ed.]-Convicted of crimesaggravated theft (two offenses); sale of military effects; complicity in inflicting lesions; criminal association to commit premeditated homicide.

This case is before us on appeal from a decision of a special inquiry officer denying the application under 8 U.S.C. 1254 (a) and directing the respondent's deportation.

The respondent is a 64-year-old married male who is a native of Italy and whose present citizenship has not been determined. He first entered the United States in 1937 as a stowaway. Following preexamination proceedings, he was lawfully admitted for permanent residence on March 5, 1946 and became a naturalized United States citizen on December 6, 1951. A denaturalization suit was subsequently filed, and the decree admitting him to citizenship was set aside on December 26, 1962. On February 17, 1954, in the United States District Court for the Southern District of New York, the respondent was convicted on two counts of an indictment for unlawfully conspiring to sell narcotics and for unlawfully selling narcot